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2025 DAILYLAW 139210 (ALL)

M/S SAPNA SWEET HOUSE THRU. PROPIETOR NAMELY KUNJ BEHARI PRASAD v. SATI RAM YADAV AND 2 OTHERS

CMRAD/77/2025 · 2025-05-06

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26506 Court No. - 6 Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 77 of 2025 Applicant :- M/S Sapna Sweet House Thru. Propietor Namely Kunj Behari Prasad Opposite Party :- Sati Ram Yadav And 2 Others Counsel for Applicant :- Indrajeet Shukla, Anil Kumar Gupta, Skand Bajpai Hon'ble Pankaj Bhatia,J. I.A. No. Nil of 2025 dated 05.05.2025 (Delay condonation application) 1. Supplementary Affidavit filed in court is taken on record. 2. The review application has been filed seeking review of the judgment and order dated 26.03.2025 along with the application for condonation of delay. 3. The delay condonation application is allowed. The delay is condoned. Order on Review Application 4. Heard the counsel for the applicant. 5. The present review application has been filed seeking review of the judgment dated 26.03.2025. 6. The counsel for the applicant states that the mandate of Section 21 insofar as it prescribes for a notice more than two months arrears were never served, the review application is liable to be rejected on the arguments raised for the simple reason that no such pleading was there in the writ petition, neither the same was raised nor argued. 7. It is well settled that a review is not an appeal in disguise, no good ground as are prescribed under Order 47 exists for review of the judgment. 8. The review application is dismissed. 9. At this stage, the counsel for the applicant states that sometime may be granted to vacate the premises. The applicant was inducted as a tenant in the shop sometime in the year 2014 at the monthly rent of Rs.50,000/- per month. 10. Considering the fact that we are in the year 2025, the applicant is granted four months time to vacate the premises subject to the applicant paying damages @Rs.1,00,000/- (one lac) per month for the next four months i.e. up to 30.09.2025. The damages as ascertained by this court shall be paid by seventh of each month to the landlord. 11. In the event of failure to pay any of the monthly damages, the order shall be executed within a period of one month by the court concerned. 12. In case the amounts are paid, the eviction proceedings shall remain in abeyance till 30.09.2025 and no coercive action shall be taken against the petitioner. Order Date :- 6.5.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench